Pradeep Nandrajog, J.

1. The dispute in the present appeal is between the children of Late Dr. Pooran Singh (hereinafter referred to as the ‘Deceased’). The genealogy tree of the family of Late Dr. Pooran Singh is as under:-

Dr. Pooran Singh I (Jaswant Kaur) wife

I

I I I I I

T.S. Khurana (Son) Plaintiff No.1 Jasbir Kau (Dauther)

Plaintiff No.2

Inderjit Singh (Son) Def No.1

Manjit Singh(Son) Def No.2

Manmohan Singh (Son)

No.3

2. In the year 1993 Commodore T.S.Khurana (Retd) and Dr. Jasbir Kaur Khera instituted a suit seeking partition of property bearing Municipal No.C-511, Defence Colony, New Delhi (hereinafter referred to as the ‘Suit Property’) and division of the movable assets of the deceased.

3. Commodore T.S.Khurana and Dr. Jasbir Kaur Khera were the plaintiffs. Their brothers Inderjit Singh, Manjit Singh and Manmohan Singh were impleaded as defendants Nos.1, 2 and 3 respectively. In our decision we shall be referring to the parties by their nomenclature in the suit.

4. It was pleaded in the plaint that the deceased was residing in an area which is now in Pakistan and owned ancestral properties there. On the partition of the country in the year 1947 he migrated to India.